The following is the Department´s 1991 title III ADA regulation published July 26, 1991, which should continue to be used until March 14, 2011. The Department´s 2010 title III ADA regulation published September 15, 2010, should be used beginning March 15, 2011.
Sec.36.101 Purpose.
The purpose of this part is to implement title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part.
Sec.36.102 Application.
(a) General. This part applies to any —
(1) Public accommodation;
(2) Commercial facility; or
(3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.
(b) Public accommodations. (1) The requirements of this part applicable to public accommodations are set forth insubparts B, C, and D of this part.
(2) The requirements of subparts B and C of this part obligate a public accommodation only with respect to the operations of a place of public accommodation.
(3) The requirements of subpart D of this part obligate a public accommodation only with respect to —
(i) A facility used as, or designed or constructed for use as, a place of public accommodation; or
(ii) A facility used as, or designed and constructed for use as, a commercial facility.
(c) Commercial facilities. The requirements of this part applicable to commercial facilities are set forth in subpart D of this part.
(d) Examinations and courses. The requirements of this part applicable to private entities that offer examinations or courses as specified in paragraph (a) of this section are set forth in Sec.36.309.
(e) Exemptions and exclusions. This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity.
Sec.36.103 Relationship to other laws.
(a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that title.
(b) Section 504. This part does not affect theobligations of a recipient of Federal financial assistance to comply with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations issued by Federal agencies implementing section 504.
(c) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.
Sec.36.104 Definitions.
For purposes of this part, the term —
Act means the Americans with Disabilities Act of 1990 (Pub. L. 101 – 336, 104 Stat. 327, 42 U.S.C. 12101 – 12213 and 47 U.S.C. 225 and 611).
Commerce means travel, trade, traffic, commerce, transportation, or communication —
(1) Among the several States;
(2) Between any foreign country or any territory or possession and any State; or
(3) Between points in the same State but through another State or foreign country.
Commercial facilities means facilities —
(1) Whose operations will affect commerce;
(2) That are intended for nonresidential use by a private entity; and
(3) That are not —
(i) Facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601 – 3631);
(ii) Aircraft; or
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